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INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Oneida accuse
Pataki of cronyism
in Catskill casino
deal
page 4
Divide and conquer,
cause dissention
page 4
Leech Laker outraged
by RBC misconduct
page 4
Casino referendum;
50/50 or fight!!
page 4
Latest legal action
makes LLRBC look
silly, again
page 4
LaRose wins; LLRBC appeals his eligibility
VOICE OF TH-E.' PEOPLE
By Bill Lawrence
Archie LaRose has recaptured
the Secretary/Treasurer's position on the Leech Lake Reservation Business Coinmittee
(RBC) by a strong showing. He
defeated his opponent, Donnie
Headbird, by a healthy 11 percent margin. The vote was certified by the Leech Lake Election
Board on Wednesday, 2/16/05.
Even so, the RBC is working
against his being able to take
office. Chainnan George Goggleye is quoted as saying, "There
are some options we are going to
look at." "We've prepared in the
event tins [LaRose's election]
would happen."
The RBC in yet another maneuver to keep LaRose out of
office, filed an appeal with the
Minnesota Chippewa Tribal
Court on 2/07/05. The RBC
based its appeal on two issues.
They claim tlie Leech L^ke
Tribal Court (LLTC) 1.) erred in
finding that tlie RBC did not act
"in an official capacity" when it
initially denied certification of
LaRose's candidacy for the office of Secretary/Treasurer and
2.) that the LLTC also erred in
finding that the RBC was "not
empowered to draft new requirements under the criteria for certification."
The RBC further argues that
the LLTC was in error when it
Archie LaRose
stated that the RBC "refused to
follow constitutional mandate."
Tlie appeal specifically rejects
Judge Margaret Treuer's decision
of September 29,2004. That
action allowed Archie LaRose to
go forward with his candidacy.
Tlie RBC had tried unsuccessfully to block it.
The current appeal is dated
2/7/05 and is signed by Michael
L. Garbow, Legal Director of
tlie Leech Lake Band of Ojibwe.
It was hand delivered to Gary
Frazer, Executive Director of
tlie Minnesota Chippewa Tribe
(MCT) with a request that it be
forwarded and filed with tlie
Minnesota Chippewa Tribal
Court. The MCT lias not set a
date for a hearing on this appeal.
Prior to the election, the RBC
Chairman wrote and distributed
a letter (on Leech Lake Band of
Ojibwe letterhead) denouncing
LaRose. In tlie letter, dated 2/10/
05, Chainnan George Goggleye
laid out his finn opposition to
Archie I^aRose's candidacy. He
stated that LaRose was "running for office right after being
removed from office." That
"Archie has failed in every way
to take any accountability for
what happened while be was
in office." He went on to say,
"LaRose blatantly spent tribal
money on friends and family
widiout any regard for our tribal
policies and procedures. Arcliie
openly Haunted his ignorance of
accounting procedures and Band
ordinances. Archie openly disrespected die District Representatives on tlie Tribal Council and
worked to pass illegal executive
orders to unconstitutionally strip
the District Representatives of
dieir audiority."
Goggleye declared Pete White
and Arcliie LaRose's behavior
in office as shameful, leading
the Band to "one shady business
deal after another.".
The chainnan admitted he was
using "harsh words." He ended
his disposition by stating he
was going to "vote against cor-
LAROSE to page 3
web page: www.press-on.net
Pawlenty floats idea of tribes to import drugs
By Frederic J. Frommer
Associated Press Writer
WASHINGTON - Gov. Tim
Pawlenty said Wednesday he has
talked with some northern tribes
about acting as wholesale purchasers of drugs from Canada, in
the event the federal government
tries to shut down a Minnesota
program diat directs consumers
to Canadian dmg companies.
Pawlenty, in town to testify
at a hearing on importing drugs
from other countries, told reporters he has discussed the possibility of tribes using their sovereign
status "to become wholesale
purchasers and distributors of
prescription medicines.
"This would be kind of a
doomsday scenario where the
FDA and others try to shut us
down," he said. "Tribal communities may be beyond the reach
of die FDA or odiers."
He stressed diat the discus
sions, which happened about a
mondi ago, were preliminary
and haven't progressed much
• since dien.
Maine has proposed a similar
program, in wliich that state
would designate tlie Penobscot
Indian Nation as a wholesale distributor of drugs from Canada.
Pawlenty said he was concerned that die state's program,
wliich helps residents buy
cheaper prescription drags from
Canada, could be suffocated by
die drug industry's reduction of
drags to Canada. He said he was
also worried that Canada might
impose a new requirement diat
a person see a doctor in Canada
before getting Canadian drags.
To make up any lost drag supplies, Pawlenty said he may send
I Iuman Services Commissioner
Kevin Goodno to Europe to explore buying drags there.
Pawlenty's newest idea on us
ing tribes for drags comes as tlie
governor is proposing that die
slate partner with diree northern
, Minnesota Indian tribes on a
casino. The deal would divert
hundreds of millions of dollars
to the ailing state budget wliile
also allowing the White Earth,
Red Lake and Leech Lake Tribes
to tap the lucrative Twin Cities
gambling market.
A spokesman for White Earth,
Gary Padrta, said die tribe has
hired a company to do a feasibility study on importing drags
from Canada, but he said that's
all he knew about it.
The chainnan of Red Lake,
Floyd Jourdain Jr., said his tribe
has had conversations with
Canadian tribes about buying
prescription drugs, but none with
Canada.
Leech Lake officials did
not retuni phone messages left
Wednesday.
Indian Health Service sees FY 2006 budget increase
More Money Slated for Clinical Services
By Jean Pagano
President Bush lias submitted a request for $3.8 billion for.
the Indian Health Service (IHS)
in die FY 2006 budget. This
request represents an increase
in IHS funding over FY 2005
and is a rare example of more
funding for Native programs in
a year of diminishing budget
dollars. The $3.8 billion figure
is $72 million more than last
year's allocation.
The IHS provides health care
services for Native peoples who
are members of die 560 federally recognized tribes. The 1.8
miUion American Indians and
Alaskan Natives ehgible for
IHS services signify an increase
of 1.6% over 2005. IHS health
facilities include 49 hospitals,
240 outpatient centers, and 300
health station and Alaskan village clinics.
Most of the funding for IHS
goes to Clinical Services, wliich
includes the operation of hospitals and clinics and the purchase
of medical care. Clinical Services portion of the budget rises
from $2,723 billion in 2005 to
$2,851 billion in 2006. The gain
of $128 million also includes
$27 million for contract health
services.
Coupled with the increase in
operational funds for hospitals
and clinics is a decrease in dollars allocated to the building
of new health care facilities.
Healdi care facilities construction fell from $94 million in FY
2004 to $89 million in FY 2005
and is almost totally eliminated
hi FY 2006, with only $3 million allocated. This $3 million is
earmarked towards construction
of tlie Fort Belknap staff quarters project, wliich will provide
24 units of new and 5 units of
replacement staff quarters. $22
miUion in new construction financing is coming directly from
tribal sources rather than the
federal government. Notwithstanding the additional tribal
funding, new constniction monies have been decreased by 72%
BUDGET to page 3
Judge slams BIA for tribal
recognition delays
By Lolita C. Baldor
Associated Press
WASHINGTON - The Bureau
of Indian Affairs lacks management and has no concept of
deadlines, a federal judge said
Monday, hinting that he may order the troubled agency to move
more quickly on tribal requests
for federal recognition.
U.S. District Court Judge
James Robertson said it is "unconscionable" that die Cape
Cod, Mass.-based Mashpee
Wampanoags have been waiting for nine years for tlie BIA to
make a decision on their petition
for federal recognition.
After hearing from both sides
Monday, Robertson said he will
decide whedier there should be
"an objective deadline imposed
by this court on this case _ and if
it means that tlie other (recognition) cases in front of them have
to be moved faster, then that's
what it means."
"Nine years, by any standard
is unconscionable," said Robertson, after a session of sharp
questions aimed at the BIA's attorney. "What I have to decide is
if it is not oidy unconscionable,
is it unreasonable. And I don't
think it will take me nine years."
The Mashpees, who filed their
completed petition in 1996, have
been working toward federal recognition for more than two decades. Tlie group sued the BIA in
2001, trying to force the bureau
to move quickly on their petition.
That year, Robertson ordered
die BIA to issue a preliminary
decision in six mondis, and final
decision in a year. But the government appealed and in August
2003, a federal appeals court
said Robertson was wrong to disregard the bureau's first-come,
first-served policy, and sent the
case back to his court for a fresh
review.
BIA lawyer Silvia Sepulveda-
Hambor argued diat diere are
no set deadlines for recognition
decisions, so tlie court cannot
conclude there has been an undue delay in the Mashpee case.
She also said diat the Mashpees just moved up from third
to second in line on tlie list of
petitions that are ready to go
to "active" status. Seven petitions are currendy under active
consideration, but the BIA has
already issued a final decision on
more man half of them, and they
are under appeal.
Scpulveda-Hambor also
warned that moving the Mashpees ahead of other tribes on
BIA to page 5
Iron Range
lawmaker pitches
video lottery
for bars
Associated Press
ST. PAUL, Minn. - An Iron
Range lawmaker wants bars in
Minnesota to get a piece of die
gambling action.
Sen. David Tomassoni introduced a bill Monday diat would
allow for up to five video lottery
machines in every bar in Minnesota _ a proposal tiiat he said
could add more than $350 million annually to the state's general fimd.
The DFLer from Chisholm
said under his bill, the state
would be able to receive revenue
from gambling without having to
disrapt tlie cunent casino system.
"This is a proposal diat would
actually bring money into the
general fimd and could be up and
running in six months," Tomassoni said.
Tomassoni's proposal comes
as the Legislature heats up
widi gambling plans. Gov. Tim
Pawlenty has proposed a Twin
Cities casino that would be run
by three Indian tribes who would
pay a $200 million license fee
and a cut of profits to tlie state.
LOTTERY to page 5
Native A--!
American
Press
We Support Equal Opportunity For All People
A weekly publication. Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 35
February 18, 2005
Larry Yazzie is a world champion fancy dancer who was raised on the Meskwaki nation's homeland in
Tama, Iowa, and currently lives in St. Paul. See story on page 3.
Any state casino likely to face lawsuits
By Pauick Sweeney
Pioneer Press
In 1988, Minnesota voters passed a coiistimtional
amendment diat ended a
130-year ban on lotteries and
authorized the Legislature to
create a state-ran lottery.
Now, Gov. Tim Pawlenty is
proposing that die Minnesota
Lottery move beyond Power
ball and scratch-off tickets
into a partnership with Indian
tribes to operate a glitzy Twin
Cities casino.
But a casino plan - if lawmakers enact it - is virtually
certain to be challenged in
court. A challenge, wliich
would focus on whedier that
1988 amendment permits a
state-operated casino, could
delay construction of a ca
sino for mondis or years. It
also could force Pawlenty to
let voters decide the fate of another coiistimtional amendment
before any slot machines start
spinning.
"It's a huge Rubiks Cube,"
University of Minnesota law
professor Fred L. Morrison said
of die multiple constitutional
issues that die state Supreme
Court ultimately would have to
decide. "It's very problematic."
Morrison, an expert on tlie
state constitution, refused to
predict how the Minnesota Supreme Court woidd eventually
rale on Pawlenty's plan. But he
said tlie litigation could take up
to diree years.
Challengers would probably
include tribes seeking to protect
their reservation casinos, plus
religious groups opposed to
gambling as immoral.
Questions the court probably
would have to answer, according to Morrison, include:
-Are slot machines and other casino games - roulette, craps and
keno - lotteries under state law
and the state constimtion'?
- If slots and those odier games
are lotteries, does the 1988 constitutional amendment allow the
Minnesota Lottery to put them
together in a casino and operate
diem as Pawlenty has proposed?
-Does Pawlenty's choice of
Indian tribes to be the state's
partner in die potentially lucrative casino violate another constitutional provision barring the
Legislamre from granting any
LAWSUIT to page 5
Tribes' casino
takes soaring,
surpassing
those in Nevada
By Erica Werner
Associated Press
WASHINGTON - Indian
tribes took a gamble on tlie casino business, and it's paying
off.
Tribes that were mired in
poverty 10 or 20 years ago are
enjoying newfound prosperity as Indian casino revenues
far outpace the take from
Nevada's gambling industry.
Indian gambling pulled in
$18.5 billion in 2004, according to a report Tuesday, a 10
percent increase that extended
more than a decade of double-
digit growth for the nation's
Indian casinos.
Tribal casinos have mushroomed since Congress passed
a law creating tlie legal framework in 1988. There now
are 411 Indian casinos in the
UJnited States, operated by
223 tribes in 28 stales. More
dian half of the 341 federally
CASINO to page 5
Mall of America owners propose
huge expansion, hope to include
By Patrick Condon
Associated Press
BLOOMINGTON, Minn.
- The owners of die Mall of
America have proposed adding
a casino as part of a $1 billion
expansion, although it faces long
odds right out of tlie gate.
Mmiesota lawmakers, arid
possibly voters, would have to
sign off for a casino to be built
there. Republican Gov. Tim
Pawlenty, who has proposed
a new Twin Cities casino diat
would bring the state and northern Indian tribes extra cash,
hash t endorsed die mall casino
but hasn't raled it out, either.
Nader Ghermezian, president
of tlie family business that developed and controls the 4.2 mil-
lion-square-foot mall, said Tuesday night that plans to double die
mall's size could hinge on the
casino. Ihe expansion also calls
for a hotel, a concert hall, an ice
skating arena, an indoor golf
course, public gardens and high-
end retail shops.
The expansion would make
tlie mall the world's largest, surpassing the West Edmonton N tail
hi Canada, also owned by the
Ghermezian family. The MaU of
America opened in 1992 and is
managed by Indianapolis-based
Simon Property Group.
"When die Mall of America
becomes doubled, it becomes a
New York or an L.A. by itself,"
Ghermezian said. " You won't
have to fly to Rodeo Drive or
New York or Paris - it's all under
one roof."
Mnnesota's existing casinos
are operated exclusively by
Indian tribes, and they aren't
required to share profits witii the
government.
Pawlenty has proposed that the
state partner with three northern
Minnesota Indian tribes on a
casino. The deal would divert
hundreds of millions of dollars
to the ailing state budget wliile
also allowing tlie White Earth,
Red Lake and Leech Lake tribes
to tap the lucrative Twin Cities
gambling market.
The governor hasn't identified
a favored site, but has said he
wouldn't force one on an unwill-
MOA to page 6

INDEX
NEWS AROUND INDIAN COUNTRY 2
NEWS BRIEFS 3
COMMENTARY/EDITORIALS 4
CLASSIFIEDS 7
Oneida accuse
Pataki of cronyism
in Catskill casino
deal
page 4
Divide and conquer,
cause dissention
page 4
Leech Laker outraged
by RBC misconduct
page 4
Casino referendum;
50/50 or fight!!
page 4
Latest legal action
makes LLRBC look
silly, again
page 4
LaRose wins; LLRBC appeals his eligibility
VOICE OF TH-E.' PEOPLE
By Bill Lawrence
Archie LaRose has recaptured
the Secretary/Treasurer's position on the Leech Lake Reservation Business Coinmittee
(RBC) by a strong showing. He
defeated his opponent, Donnie
Headbird, by a healthy 11 percent margin. The vote was certified by the Leech Lake Election
Board on Wednesday, 2/16/05.
Even so, the RBC is working
against his being able to take
office. Chainnan George Goggleye is quoted as saying, "There
are some options we are going to
look at." "We've prepared in the
event tins [LaRose's election]
would happen."
The RBC in yet another maneuver to keep LaRose out of
office, filed an appeal with the
Minnesota Chippewa Tribal
Court on 2/07/05. The RBC
based its appeal on two issues.
They claim tlie Leech L^ke
Tribal Court (LLTC) 1.) erred in
finding that tlie RBC did not act
"in an official capacity" when it
initially denied certification of
LaRose's candidacy for the office of Secretary/Treasurer and
2.) that the LLTC also erred in
finding that the RBC was "not
empowered to draft new requirements under the criteria for certification."
The RBC further argues that
the LLTC was in error when it
Archie LaRose
stated that the RBC "refused to
follow constitutional mandate."
Tlie appeal specifically rejects
Judge Margaret Treuer's decision
of September 29,2004. That
action allowed Archie LaRose to
go forward with his candidacy.
Tlie RBC had tried unsuccessfully to block it.
The current appeal is dated
2/7/05 and is signed by Michael
L. Garbow, Legal Director of
tlie Leech Lake Band of Ojibwe.
It was hand delivered to Gary
Frazer, Executive Director of
tlie Minnesota Chippewa Tribe
(MCT) with a request that it be
forwarded and filed with tlie
Minnesota Chippewa Tribal
Court. The MCT lias not set a
date for a hearing on this appeal.
Prior to the election, the RBC
Chairman wrote and distributed
a letter (on Leech Lake Band of
Ojibwe letterhead) denouncing
LaRose. In tlie letter, dated 2/10/
05, Chainnan George Goggleye
laid out his finn opposition to
Archie I^aRose's candidacy. He
stated that LaRose was "running for office right after being
removed from office." That
"Archie has failed in every way
to take any accountability for
what happened while be was
in office." He went on to say,
"LaRose blatantly spent tribal
money on friends and family
widiout any regard for our tribal
policies and procedures. Arcliie
openly Haunted his ignorance of
accounting procedures and Band
ordinances. Archie openly disrespected die District Representatives on tlie Tribal Council and
worked to pass illegal executive
orders to unconstitutionally strip
the District Representatives of
dieir audiority."
Goggleye declared Pete White
and Arcliie LaRose's behavior
in office as shameful, leading
the Band to "one shady business
deal after another.".
The chainnan admitted he was
using "harsh words." He ended
his disposition by stating he
was going to "vote against cor-
LAROSE to page 3
web page: www.press-on.net
Pawlenty floats idea of tribes to import drugs
By Frederic J. Frommer
Associated Press Writer
WASHINGTON - Gov. Tim
Pawlenty said Wednesday he has
talked with some northern tribes
about acting as wholesale purchasers of drugs from Canada, in
the event the federal government
tries to shut down a Minnesota
program diat directs consumers
to Canadian dmg companies.
Pawlenty, in town to testify
at a hearing on importing drugs
from other countries, told reporters he has discussed the possibility of tribes using their sovereign
status "to become wholesale
purchasers and distributors of
prescription medicines.
"This would be kind of a
doomsday scenario where the
FDA and others try to shut us
down," he said. "Tribal communities may be beyond the reach
of die FDA or odiers."
He stressed diat the discus
sions, which happened about a
mondi ago, were preliminary
and haven't progressed much
• since dien.
Maine has proposed a similar
program, in wliich that state
would designate tlie Penobscot
Indian Nation as a wholesale distributor of drugs from Canada.
Pawlenty said he was concerned that die state's program,
wliich helps residents buy
cheaper prescription drags from
Canada, could be suffocated by
die drug industry's reduction of
drags to Canada. He said he was
also worried that Canada might
impose a new requirement diat
a person see a doctor in Canada
before getting Canadian drags.
To make up any lost drag supplies, Pawlenty said he may send
I Iuman Services Commissioner
Kevin Goodno to Europe to explore buying drags there.
Pawlenty's newest idea on us
ing tribes for drags comes as tlie
governor is proposing that die
slate partner with diree northern
, Minnesota Indian tribes on a
casino. The deal would divert
hundreds of millions of dollars
to the ailing state budget wliile
also allowing the White Earth,
Red Lake and Leech Lake Tribes
to tap the lucrative Twin Cities
gambling market.
A spokesman for White Earth,
Gary Padrta, said die tribe has
hired a company to do a feasibility study on importing drags
from Canada, but he said that's
all he knew about it.
The chainnan of Red Lake,
Floyd Jourdain Jr., said his tribe
has had conversations with
Canadian tribes about buying
prescription drugs, but none with
Canada.
Leech Lake officials did
not retuni phone messages left
Wednesday.
Indian Health Service sees FY 2006 budget increase
More Money Slated for Clinical Services
By Jean Pagano
President Bush lias submitted a request for $3.8 billion for.
the Indian Health Service (IHS)
in die FY 2006 budget. This
request represents an increase
in IHS funding over FY 2005
and is a rare example of more
funding for Native programs in
a year of diminishing budget
dollars. The $3.8 billion figure
is $72 million more than last
year's allocation.
The IHS provides health care
services for Native peoples who
are members of die 560 federally recognized tribes. The 1.8
miUion American Indians and
Alaskan Natives ehgible for
IHS services signify an increase
of 1.6% over 2005. IHS health
facilities include 49 hospitals,
240 outpatient centers, and 300
health station and Alaskan village clinics.
Most of the funding for IHS
goes to Clinical Services, wliich
includes the operation of hospitals and clinics and the purchase
of medical care. Clinical Services portion of the budget rises
from $2,723 billion in 2005 to
$2,851 billion in 2006. The gain
of $128 million also includes
$27 million for contract health
services.
Coupled with the increase in
operational funds for hospitals
and clinics is a decrease in dollars allocated to the building
of new health care facilities.
Healdi care facilities construction fell from $94 million in FY
2004 to $89 million in FY 2005
and is almost totally eliminated
hi FY 2006, with only $3 million allocated. This $3 million is
earmarked towards construction
of tlie Fort Belknap staff quarters project, wliich will provide
24 units of new and 5 units of
replacement staff quarters. $22
miUion in new construction financing is coming directly from
tribal sources rather than the
federal government. Notwithstanding the additional tribal
funding, new constniction monies have been decreased by 72%
BUDGET to page 3
Judge slams BIA for tribal
recognition delays
By Lolita C. Baldor
Associated Press
WASHINGTON - The Bureau
of Indian Affairs lacks management and has no concept of
deadlines, a federal judge said
Monday, hinting that he may order the troubled agency to move
more quickly on tribal requests
for federal recognition.
U.S. District Court Judge
James Robertson said it is "unconscionable" that die Cape
Cod, Mass.-based Mashpee
Wampanoags have been waiting for nine years for tlie BIA to
make a decision on their petition
for federal recognition.
After hearing from both sides
Monday, Robertson said he will
decide whedier there should be
"an objective deadline imposed
by this court on this case _ and if
it means that tlie other (recognition) cases in front of them have
to be moved faster, then that's
what it means."
"Nine years, by any standard
is unconscionable," said Robertson, after a session of sharp
questions aimed at the BIA's attorney. "What I have to decide is
if it is not oidy unconscionable,
is it unreasonable. And I don't
think it will take me nine years."
The Mashpees, who filed their
completed petition in 1996, have
been working toward federal recognition for more than two decades. Tlie group sued the BIA in
2001, trying to force the bureau
to move quickly on their petition.
That year, Robertson ordered
die BIA to issue a preliminary
decision in six mondis, and final
decision in a year. But the government appealed and in August
2003, a federal appeals court
said Robertson was wrong to disregard the bureau's first-come,
first-served policy, and sent the
case back to his court for a fresh
review.
BIA lawyer Silvia Sepulveda-
Hambor argued diat diere are
no set deadlines for recognition
decisions, so tlie court cannot
conclude there has been an undue delay in the Mashpee case.
She also said diat the Mashpees just moved up from third
to second in line on tlie list of
petitions that are ready to go
to "active" status. Seven petitions are currendy under active
consideration, but the BIA has
already issued a final decision on
more man half of them, and they
are under appeal.
Scpulveda-Hambor also
warned that moving the Mashpees ahead of other tribes on
BIA to page 5
Iron Range
lawmaker pitches
video lottery
for bars
Associated Press
ST. PAUL, Minn. - An Iron
Range lawmaker wants bars in
Minnesota to get a piece of die
gambling action.
Sen. David Tomassoni introduced a bill Monday diat would
allow for up to five video lottery
machines in every bar in Minnesota _ a proposal tiiat he said
could add more than $350 million annually to the state's general fimd.
The DFLer from Chisholm
said under his bill, the state
would be able to receive revenue
from gambling without having to
disrapt tlie cunent casino system.
"This is a proposal diat would
actually bring money into the
general fimd and could be up and
running in six months," Tomassoni said.
Tomassoni's proposal comes
as the Legislature heats up
widi gambling plans. Gov. Tim
Pawlenty has proposed a Twin
Cities casino that would be run
by three Indian tribes who would
pay a $200 million license fee
and a cut of profits to tlie state.
LOTTERY to page 5
Native A--!
American
Press
We Support Equal Opportunity For All People
A weekly publication. Copyright, Native American Press, 2004
Founded in 1988
Volume 17 Issue 35
February 18, 2005
Larry Yazzie is a world champion fancy dancer who was raised on the Meskwaki nation's homeland in
Tama, Iowa, and currently lives in St. Paul. See story on page 3.
Any state casino likely to face lawsuits
By Pauick Sweeney
Pioneer Press
In 1988, Minnesota voters passed a coiistimtional
amendment diat ended a
130-year ban on lotteries and
authorized the Legislature to
create a state-ran lottery.
Now, Gov. Tim Pawlenty is
proposing that die Minnesota
Lottery move beyond Power
ball and scratch-off tickets
into a partnership with Indian
tribes to operate a glitzy Twin
Cities casino.
But a casino plan - if lawmakers enact it - is virtually
certain to be challenged in
court. A challenge, wliich
would focus on whedier that
1988 amendment permits a
state-operated casino, could
delay construction of a ca
sino for mondis or years. It
also could force Pawlenty to
let voters decide the fate of another coiistimtional amendment
before any slot machines start
spinning.
"It's a huge Rubiks Cube,"
University of Minnesota law
professor Fred L. Morrison said
of die multiple constitutional
issues that die state Supreme
Court ultimately would have to
decide. "It's very problematic."
Morrison, an expert on tlie
state constitution, refused to
predict how the Minnesota Supreme Court woidd eventually
rale on Pawlenty's plan. But he
said tlie litigation could take up
to diree years.
Challengers would probably
include tribes seeking to protect
their reservation casinos, plus
religious groups opposed to
gambling as immoral.
Questions the court probably
would have to answer, according to Morrison, include:
-Are slot machines and other casino games - roulette, craps and
keno - lotteries under state law
and the state constimtion'?
- If slots and those odier games
are lotteries, does the 1988 constitutional amendment allow the
Minnesota Lottery to put them
together in a casino and operate
diem as Pawlenty has proposed?
-Does Pawlenty's choice of
Indian tribes to be the state's
partner in die potentially lucrative casino violate another constitutional provision barring the
Legislamre from granting any
LAWSUIT to page 5
Tribes' casino
takes soaring,
surpassing
those in Nevada
By Erica Werner
Associated Press
WASHINGTON - Indian
tribes took a gamble on tlie casino business, and it's paying
off.
Tribes that were mired in
poverty 10 or 20 years ago are
enjoying newfound prosperity as Indian casino revenues
far outpace the take from
Nevada's gambling industry.
Indian gambling pulled in
$18.5 billion in 2004, according to a report Tuesday, a 10
percent increase that extended
more than a decade of double-
digit growth for the nation's
Indian casinos.
Tribal casinos have mushroomed since Congress passed
a law creating tlie legal framework in 1988. There now
are 411 Indian casinos in the
UJnited States, operated by
223 tribes in 28 stales. More
dian half of the 341 federally
CASINO to page 5
Mall of America owners propose
huge expansion, hope to include
By Patrick Condon
Associated Press
BLOOMINGTON, Minn.
- The owners of die Mall of
America have proposed adding
a casino as part of a $1 billion
expansion, although it faces long
odds right out of tlie gate.
Mmiesota lawmakers, arid
possibly voters, would have to
sign off for a casino to be built
there. Republican Gov. Tim
Pawlenty, who has proposed
a new Twin Cities casino diat
would bring the state and northern Indian tribes extra cash,
hash t endorsed die mall casino
but hasn't raled it out, either.
Nader Ghermezian, president
of tlie family business that developed and controls the 4.2 mil-
lion-square-foot mall, said Tuesday night that plans to double die
mall's size could hinge on the
casino. Ihe expansion also calls
for a hotel, a concert hall, an ice
skating arena, an indoor golf
course, public gardens and high-
end retail shops.
The expansion would make
tlie mall the world's largest, surpassing the West Edmonton N tail
hi Canada, also owned by the
Ghermezian family. The MaU of
America opened in 1992 and is
managed by Indianapolis-based
Simon Property Group.
"When die Mall of America
becomes doubled, it becomes a
New York or an L.A. by itself,"
Ghermezian said. " You won't
have to fly to Rodeo Drive or
New York or Paris - it's all under
one roof."
Mnnesota's existing casinos
are operated exclusively by
Indian tribes, and they aren't
required to share profits witii the
government.
Pawlenty has proposed that the
state partner with three northern
Minnesota Indian tribes on a
casino. The deal would divert
hundreds of millions of dollars
to the ailing state budget wliile
also allowing tlie White Earth,
Red Lake and Leech Lake tribes
to tap the lucrative Twin Cities
gambling market.
The governor hasn't identified
a favored site, but has said he
wouldn't force one on an unwill-
MOA to page 6